•

§ 16.1 Titl• 28—Judicial Administration

Sec. 16.208 Annual report.

AUTHORITY: 28 U.S.C. 509, 510; 5 U.S.C. 301. 552: 31 U.S.C. 483a unless otherwise noted.

Subpart A—Production or Disclosure Under 5 U.S.C. 552(o)

EDITORIAL Nora: Nomenclature changes to Subpart A, appear in Order No. 803-78. 43 FR 45992, Oct. 5, 1978.

Il 16.1 Purpose and scope.

(a) This subpart contains the regula-tions of the Department of Justice im-plementing 5 U.S.C. 552. The regula-tions of this subpart provide informa-tion concerning the procedures by which records may be obtained from all divisions within the Department of Justice. Official records of the Depart-ment of Justice made available pursu-ant to the requirements of 5 U.S.C. 552 shall be furnished to members of the public as prescribed by this sub-part. Officers and employees of the Department may continue to furnish to the public, informally and without compliance with the procedures pre-scribed herein, Information and re-cords which prior to enactment of 5 U.S.C. 552 were furnished customarily in the regular performance of their duties. Persons seeking information or records of the Department of Justice may find it useful to consult with the Department's Office of Public Affairs before invoking the formal procedures set out below. To the extent permitted by other laws, the Department also will make available records which it Is authorized to withhold under 5 U.S.C. 552 whenever it determines that such disclosure is in the public interest,

(b) The Attorney General's Memo-randum on the Public Information section of the Administrative Proce-dure Act, which was published in June 1987 and Is available from the Super-intendent of Documents, may be con-sulted in considering questions arising under 5 U.S.C. 552. After appropriate coordination the Office of Legal Policy is authorized from time to time to un-dertake training activities for Depart-ment personnel to maintain and Im-prove the quality of administration under 5 U.S.C. 552.

(Order No. 502-73. 38 FR 4391, Feb 14, 1973, as amended by Order No. 803-78, 43 FR 45992. Oct. 5. 1978: Order No. 980-81.46 FR 52356. Oct. 27. 19811

Il 16.2 Public reference facilities. Each office listed below will main-

tain in a public reading room or public reading area, the materials relating to that office which are required by 5 U.S.C. 552(a)(2) and 552(a)(4) to be made available for public inspection and copying:

United States Attorneys and United States Marshals—at the principal offices of the United States Attorneys listed In the United Stales Government Organization Manual:

Bureau of Prisons—at Its principal office at 101 Indiana Avenue, N.W., Washington, D.C. 20537:

United States Parole Commission—at its principal office at 5550 Friendship Boule-vard. Chevy Chase. Maryland 20815-7286;

Foreign Claims Settlement Commission—See 45 CFR 503.1( g 1.

Federal Bureau of Investigation—at the J. Edgar Hoover Bldg.. 9th and Pennsylvania Avenue, N.W., Washington, D.C. 20535:

Community Relations Service—at 5550 Friendship Boulevard, Chevy Chase, Maryland 20815-7286:

Criminal Division. Internal Security Section (for registrations of foreign agents and others pursuant to 28 CFR Parts 5. 10 and 12) at Room 458. Federal Triangle Build-ing, 315 Ninth Street, N.W., Washington. D.C. 20530;

Board of Immigration Appeals—at Suite 1809, 5203 Leesburg Pike, Falls Church, Virginia 22041:

Immigration and Naturalization Service—see 8 CFR 103.9:

Office of Justice Assistance, Research and Statistics—at 633 Indiana Avenue, N.W., Washington. D.C. 20530;

All other Offices. Divisions, and Bureaus of the Department of Justice—at the Depart-ment of Justice, 10th & Pennsylvania Avenue. N.W., Washington, D.C. 20530,

(Order No. 980-81. 48 FR 52356, Oct. 27, 1981]

16.3 Requests for identifiable records and copies.

(a) How made and addressed. A re-quest for a record of the Department which is not customarily made availa-ble and which Is not available In a public reference facility as described In 1116.2, shall be made in writing, with the envelope and the letter clear-

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ation Chapter I—Department of Justice

ly marked "FREEDOM OF INFOR-MATION REQUEST" or "INFORMA-TION REQUEST." All such requests shall be addressed to the Assistant At-torney General for the Office of Legal Policy. Department of Justice, Wash-ington, D.C. 20530, except that re-quests for records of the following di-visions shall be addressed as follows: Bureau of Prisons (including Federal Prison Industries)—Director. Bureau of Prisons, 320 First Street NW., Washington, D.C. 20534. Board of Immigration Appeals—Chairman. Board of Immigration Appeals, Depart-ment. of Justice, Washington. D.C. 20530. Office of Justice Assistance. Research and Statistics—Director, Office of Justice As-sistance, Research and Statistics. 833 Indi-ana Ave. NW., Washington. D.C. 20531. Immigration and Naturalization Service—As set forth In 8 CFR Part 103. Any request for information not marked and addressed as specified in this paragraph will be so marked by Department personnel as soon as it is properly identified, and forwarded im-mediately to the appropriate office as specified above. A request improperly addressed will not be deemed to have been received for purposes of the time period set forth in 5 U.S.C. 552(a)(8)(A)(i) until forwarding to the appropriate office has been effected, or until such forwarding would have been effected with the exercise of due diligence by Department personnel. On receipt of an improperly addressed request forwarded as set forth above to the appropriate office, such office shall notify the requester of the date on which the time period commenced to run. (b) Request should reasonably de-scribe the records sought. A request for access to records should sufficiently identify the records requested to enable Department personnel to locate them with a reasonable amount of effort. Where possible, specific infor-mation regarding dates, titles. file des-ignations, and other information which may help identify the records should be supplied by the requester. If the request relates to a matter in pending litigation, the court and Its lo-cation should be identified.

(c) Form may be requested. Where the information supplied by the re-quester is not sufficient to permit loca-

§ 16.4 Lion of the records by Department per-sonnel with a reasonable amount of effort, the requester may be sent and asked to fill out and return a Form D.J. 118, which is designed to elicit the necessary information.

(d) Categorical Requests—(1) Rec-ords must be reasonably described. A request for all records falling within a reasonably specific category shall be regarded as conforming to the require-ment that records be reasonably de-scribed if it enables the records re-quested to be identified by any process that is not unreasonably burdensome or disruptive of Department oper-ations. (2) Assistance in reformulating non-conforming requests. If it is deter-mined that a request does not reason-ably describe the records sought, as specified in paragraph (d)( I) of this section. the response denying the re-quest on that ground shall specify the reasons why the request failed to meet the requirements of paragraph (d)(1) of this section and shall extend to the requester an opportunity to confer with Department personnel in order to attempt to reformulate the request in a manner which will meet the needs of the requester and the requirements of paragraph (d)(1) of this section.

[Order No, 502-73. 38 FR 4391, Feb. 14. 1973, as amended by Order No. 598-75, 40 FR 8496, Feb. 12. 1975: Order No. 980-81. 48 FR 52358, Oct. 27, 19811

fi MI Requests referred to division pri-marily concerned.

(a) Referral to responsible division. The Assistant Attorney General. Office of Legal Policy. shall, promptly upon receipt of a request for Depart-ment records, forward the request to the division of the Department which has primary concern with the records requested. As used in this subpart, the term "division" includes all divisions, bureaus, offices, services, administra-tions, and boards of the Department, the Pardon Attorney and Federal Prison Industries, except as otherwise expressly provided. As used in this subpart, the term "responsible divi-sion" means, with respect to a particu-lar request, the division to which the Assistant Attorney General, Office of

90-094 0-82-11

151

§ 16.5

Legal Policy, forwards the request pur-suant to this paragraph or, if the re-quest is not one which is to be ad-dressed to the Assistant Attorney Gen-eral. Office of Legal Policy, under

16.3(a), the division to which the re-quest is properly addressed thereun-der.

(b) Assistant Attorney General, Office of Legal Policy, shall assure timely response. The Assistant Attor-ney General. Office of Legal Policy, shall periodically review the practices of the divisions in meeting the time re-quirements set out in Q 16.5, including the granting of extensions of time, and shall take such action to promote timely responses as he deems appro-priate. Such action may include, but is not limited to. removal from a division of a request or class of requests or re-moval of the authority of a division to grant extensions, as specified in

16.5(f). (c) Records to be kept by Assistant

Attorney General, Office of Legal Policy. The Assistant Attorney Gen-eral, Office of Legal Policy, shall retain or be furnished with a file copy of each request which is required to be addressed to him pursuant to § 16.3(a). With respect to such requests he shall maintain records to show the date of receipt by the Department (and, in the case of Improperly addressed requests, the date of receipt by the appropriate office after forwarding pursuant to

18.3(a)), the responsible division to which It was forwarded under this sec-tion, and the date of such forwarding. The Board of Immigration Appeals. the Bureau of Prisons, the Immigra-tion and Naturalization Service and the Office of Justice Assistance, Re-search and Statistics, respectively, shall retain or be furnished with file copies of requests required to be ad-dressed to them pursuant to 16.3(a), and shall maintain records to show the date of receipt by the Department (and. in the case of improperly ad-dressed requests, the date of receipt by-the appropriate office after forward-ing pursuant tog 16.3(a)).

(Order No. 596-75, 40 FR 7263. Feb. 19. 1975. as amended by Order 980-81. 46 FR 52356. Oct. 27, 1981]

Title 28—Judicial Administration

§ 16.5 Prompt response by responsible di-vision.

(a) Response within ten days. Within ten days (excluding Saturdays. Sun-days and legal public holidays) of the receipt of a request by the Depart-ment (or. in the case of an improperly addressed request, of its receipt by the appropriate office after forwarding pursuant to Q 16.3(a)) the responsible division shall determine whether to comply with or to deny such request and dispatch such determination to the requester unless an extension is made under paragraph (e) of this sec-tion.

(b) Authority to deny request. Unless otherwise specified by division regula-tion, only the head of a division may deny a request, and is the "person re-sponsible for the denial" within the meaning of 5 U.S.C. 552(a). When a denial is made at. the request of an-other agency or division, and out of regard for its primary interest or ex-pertise, the person in that agency or division responsible for the request to deny may also be a "person responsi-ble for the denial" if, before his final recommendation is accepted, he is ad-vised that he will be so designated under I 16.6(b)(2).

(c) Extension of time. In unusual cir-cumstances as specified in this para-graph, the head of a division may extend the time for initial determina-tion on requests up to a total of ten days (excluding Saturdays. Sundays. and legal public holidays). Extensions shall be granted in increments of five days or less and shall be made by writ-ten notice to the requester which sets forth the reason for the extension and the date on which a determination is expected to be dispatched. As used in this paragraph "unusual circum-stances" means, but only to the extent necessary to the proper processing of the request—

(1) The need to search for and col-lect the requested records from field facilities or other establishments that are separate from the office processing the request;

(2) The need to search for, collect. and appropriately examine a volumi-nous amount of separate and distinct

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§ 16.7

records which are demanded in a single request; or

(31 The need for consultation. which shall be conducted with all practicable speed, with another agency or another division having substantial interest in the determination of the request, or the need for consultation among two or more components of the responsible division having substantial subject matter interest therein.

(d) Treatment of delay as a denial. If no determination has been dispatched at the end of the ten-day period, or the last extension thereof, the re-quester may deem his request denied. and exercise a right of appeal in ac-cordance with § 18.7. When no deter-mination can be dispatched within the applicable time limit, the responsible division shall nevertheless continue to process the request; on expiration of the time limit It shall inform the re-quester of the reason for the delay, of the date on which a determination may be expected to be dispatched, and of his right to treat the delay as a denial and to appeal to the Attorney General in accordance with § 18.7; and it may ask the requester to forego appeal until a determination is made.

(e) Removal by Assistant Attorney General, Office of Legal Policy. The Assistant Attorney General. Office of Legal Policy may remove any request or class of requests from the division to which it is referable under this part. The Assistant Attorney General, Office of Legal Policy may remove from a division the authority to grant extensions of time under this section. In event of such action the Assistant Attorney General. Office of Legal Policy shall perform the functions of the head of that division with respect to the removed requests or authority.

[Order No. 596-75. 40 FR 7283. Feb. 19. 1975, as amended by Order No. 877-80, 45 FR 20800, Mar. 31, 1980; Order No. 960-81, 48 FR 52356. Oct. 27, 1981]

916.6 Responses by divisions: Form and content.

(a) Form of grant. When a requested - record has been Identified and Is avail-

able, the responsible division shall notify the requester as to where and when the record is available for in-spection or copies will be available.

The notification shall also advise the requester of any applicable fees under

16.9 hereof. (b) Form of denial. A reply denying

a written request for a record shall be in writing. signed by the head of the responsible division (or other person authorized by regulation to deny re-quests) and shall include:

(1) Exemption category. A reference to the specific exemption or exemp-tions under the Freedom of Informa-tion Act authorizing the withholding of the record, a brief explanation of how the exemption applies to the record withheld, and, where relevant, a brief statement of why a discretion-ary release Is not appropriate; and

(2) Person responsible. The name and title or position of the person or persons responsible for the denial under § 16.5(b): Provided.. That no person not an employee of the respon-sible division shall be so designated unless he has been advised that he will be so designated before his final rec-ommendation Is accepted; and

(3) Administrative appeal and Judi-cial review. A statement that the denial may be appealed under § 18.7(a) within thirty days by writing to the Attorney General (Attention: Office of Legal Policy), Department of Justice, Washington, D.C. 20530 that the enve-lope and letter should be clearly marked: "Office of Legal Policy." and that judicial review will thereafter be available in the district in which the requester resides or has his principal place of business or the district in which the agency records are situated or the District of Columbia.

(c) Record cannot be located or does not exist. If a requested record cannot be located from the information sup-plied. or is known to have been de-stroyed or otherwise disposed of, the requester shall be so notified.

[Order No. 502-73, 38 FR 4391, Feb. 14, 1973. as amended by Order No. 596-75, 40 FR 7263, Feb. 19, 1975; Order No. 877-80. 45 FR 20800. Mar. 31, 1980: Order No. 900-80. 45 FR 43703, June 30. 1980; Order No. 960-81. 48 FR 52358, Oct. 27, 19811

CI 16.7 Appeals to the Attorney General from initial denials.

(a) Appeals to the Attorney General. When a request for records has been

153

§ 16.7

denied in whole or in part by a head of a division or other person authorized to deny requests, the requester may. within thirty days of its receipt. appeal the denial to the Attorney General. Appeals to the Attorney Gen-eral shall be in writing. addressed to the Attorney General (Attention: Office of Legal Policy). Department of Justice, Washington. D.C. 20530. and both the envelope and the letter shall be clearly marked: "Office of Legal Policy". An appeal not so addressed and marked will be so marked by De-partment personnel as soon as it is properly identified, and forwarded [tn• mediately to the Office of Legal Policy. An appeal improperly ad-dressed will not be deemed to have been received for purposes of the time period set forth in 5 U.S.C. 552(a)(6)(A)(ii) and for purposes of paragraph (b) of this section until the Office of Legal Policy receives the re-quest or would have done so with the exercise of due diligence by Depart-ment personnel.

(b) Action on Appeals by the Assist-

ant Attorney General, Office of Legal Policy. Unless the Attorney General otherwise directs, the Assistant Attor-ney General. Office of Legal Policy, shall act on behalf of the Attorney General on all appeals under this sec-tion, except that (1) in the case of an initial denial by the Assistant Attor-ney General. Office of Legal Policy, the Attorney General or his designee shall act on the appeal, and (2) an ini-tial denial by the Attorney General shall constitute the final action of the Department on the request.

(c) Action within twenty working days. The appeal will be acted upon within twenty days (excluding Satur-days. Sundays and legal public holi-days) of its receipt, unless an exten-sion is made under paragraph (d) of this section.

(d) Extension of time. In unusual cir-cumstances as specified in this para-graph, the time for action on an appeal may be extended up to ten days (excluding Saturdays, Sundays, and legal public holidays) minus any ex-tension granted at the initial request level pursuant to 1 16.5(c). Such exten-sion shall be made by written notice to the requester which sets forth the

Title 28—Judicial Administration

reason for the extension and the date on which a determination is expected to be dispatched. As used in this para-graph "unusual circumstances" means, but only to the extent necessary to the proper processing of the appeal—

(1) The need to search for and col-lect the requested records from field facilities or other establishments that are separate from the office processing the request:

(2) The need to search for, collect. and appropriately examine a volumi-nous amount of separate and distinct records which are demanded in a single request: or

(3) The need for consultation, which shall be conducted with all practicable speed, with another agency or another division having substantial interest in the determination of the request or the need for consultation among two or more components of the responsible division having substantial subject matter interest therein.

(e) Treatment of delay as a denial. If no determination on the appeal has been dispatched at the end of the twenty-day period or the last exten-sion thereof, the requester is deemed to have exhausted his administrative remedies, giving rise to a right of review in a district court of the United States as specified in 5 U.S.C. 552(a)(4). When no determination can be dispatched within the applicable time limit, the appeal will nevertheless continue to be processed; on expira-tion of the time limit the requester shall be informed of the reason for the delay, of the date on which a determi-nation may be expected to be dis-patched, and of his right to seek judi-cial review in the United States dis-trict court in the district in which he resides or has his principal place of business, the district in which the De-partment records are situated or the District of Columbia. The requester may be asked to forego judicial review until determination of the appeal.

(1) Form of action on appeal. The determination on appeal shall be in writing. An affirmance in whole or in part of a denial on appeal shall in-clude: (1) A reference to the specific exemption or exemptions under the Freedom of Information Act author-izing the withholding of the record, a

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Chapter I—Department of Justice

brief explanation of how the exemp-tion applies to the record withheld, and, where relevant, a brief statement of why a discretionary release is not appropriate: and (2) a statement that judicial review of the denial Is availa-ble in the district in which the re-quester resides or has his principal place of business, the district in which the agency records are situated or the District of Columbia.

(g) Copies to Assistant Attorney Gen-eral, Office of Legal Policy. Copies of all appeals, all actions on appeal, all extension notices issued under para-graph (d) of this section. and all delay advisories issued under paragraph (e) of this section shall be maintained by and when necessary supplied to the AssIstantAttorney General. Office of Legal Policy.

(Order No. 596-75, 40 FR 7264. Feb. 19, L975, as amended by Order No. 615-75. 40 FR 33214. Aug. 7, 1975: Order No. 900-80. 45 FR 43703, June 30. 1980: Order No. 960-81. 48 FR 52358. Oct, 27, 1981)

a 16.8 Maintenance of files.

(a) Complete files maintained by As-sistant Attorney General, Office of Legal Policy. The Assistant Attorney General, Office of Legal Policy shall maintain files containing all material required to be retained by or fur-nished to him under this subpart. The material shall be filed by individual re-quest; and shall be indexed according to the exemptions asserted; and, to the extent feasible, according to the type of records requested.

(b) Maintenance of file open to public. The Assistant Attorney Gener-al, Office of Legal Policy, shall also maintain a file, open to the public, which shall contain copies of all grants or denials of appeals. The mate-rial shall be indexed by the exemption asserted, and, to the extent feasible, according to the type of records re-quested.

(c) Protection of privacy. Where the release of the Identity of a requester. or other identifying details related to a request, would constitute a clearly unwarranted invasion of personal pri- vacy, the Assistant Attorney General, Office of Legal Policy, shall delete identifying details from the copies of documents maintained in the public

§ 16.9

file established under paragraph (b) of this section.

[Order NO. 502-73, 38 FR 4391. Feb. 14. 1973. as amended by Order No. 596-75. 40 FR 7264, Feb. 19, 1975; Order No. 615-75, 40 FR 33214, Aug. 7, 1975: Order No. 960-81. 46 FR 52358, Oct. 27. 19811

§ 16.9 Fees for provisions of records.

(a) When charged. Fees pursuant to 31 U.S.C. 483a and 5 U.S.C. 552 shall be charged according to the schedules contained in paragraph (b) of this sec-tion for services rendered in respond-ing to requests for Justice Department records under this subpart unless the official of the Department making the initial or appeal decision determines that such charges, or a portion there-of, are not in the public interest be-cause furnishing the information pri-marily benefits the general public. Such a determination shall ordinarily not be made unless the service to be performed will be of benefit primarily to the public as opposed to the re-quester, or unless the requester is an indigent individual. Fees shall not be charged where they would amount, in the aggregate. for a request or series of related requests, to less than $3. Or-dinarily. fees shall not be charged if the records requested are not found, or if all of the records located are withheld as exempt. However. If the time expended in processing the re-quest is substantial, and if the request-er has been notified of the estimated cost pursuant to paragraph (c) of this section and has been specifically ad-vised that It cannot be determined in advance whether any records will be made available, fees may be charged.

(b) Services charged for, and amount charged. For the services listed below expended In locating or making availa-ble records or copies thereof, the fol-lowing charges shall be assessed:

(1) Copies. For copies of documents (maxi-mum of 10 copies will be supplied) $0.10 per copy of each page.

(2) Clerical searches. For each one quarter hour spent by clerical personnel In excess of the first quarter hour in searching for and producing a requested record, $1.00.

(3) [Reserved] (4) Certification.. For certification of true

copies, each, $1.

•

155

§ 16.9 Title 28-Judicial Administration

(5) Attestation. For attestation under the

seal of the Department. 13.

(8) Nonrouttne, nonclerical searches.

Where a search cannot be performed by

clerical personnel, for example, where the

task of determining which records fall

within a request and collecting them re-

quires the time of professional or manageri-

al personnel, and where the amount of time

that must be expended in the search and

collection of the requested records by such

higher level personnel is substantial.

charges for the search may be made at a

rate in excess of the clerical rate, namely

for each one quarter hour spent in excess of

the first quarter hour by such higher level

Personnel in searching for a requested

record, $2.00. (7) Examination and related tasks in

screening records. No charge shall be made

for time spent in resolving legal or policy

issues affecting access to records of known

contents. In addition, no charge shall be

made for the time involved in examining

records in connection with determining

whether they are exempt from mandatory

disclosure and should be withheld as a

matter of sound policy.

(81 Computerized Records. ill Computer time charges (includes per

sonnet cost).

1. Canes! processor charge per hour

2_ Man storage charge per 1,000 bytes per

hour

3. Channel charges per -...

4. Card reading per 1,000 cards..-

5. enneng per 1,006

6. Specific orrice changes

IBM 2260 Cathode ray tube cc equiva-

lent per hour.

1). IBM 3330 Doe storage or equivalent per

hour

c IBM 2314 Disk storage or Emersion! per

rt. IBM 3420 Tees Orley Ot equivalent pa

Pour

OD Material charges.

1 One-pert paper per 1,300.

2 Two-pan peso, per 1.000.

3 Three-pan paper per 1.000

4. Four-pen paper per 1 000 37 52

5. Fireced paper per 1.000 ....... ...... ....... 50 83

& Stack HolIen15 cents per 1.090 1.76

7 Magnetic tape per reel 9.50

8. Dsh pack. each ........ ...... 775.00

(9) Tape recordings and other audio rec-ords.

(I) Personnel charges. Personnel charges

in connection with the duplication of audio

records shall be charged In accordance with

paragraph (b)(2) or (b)(8) of this section,

whichever is appropriate.

(ll) Material charges.

I 45 minute cassette. -_. $0.56

2. 60 menuts cassene„... . .60

3 90 minute cassolle 77

(10) Other charges. When a response to a

request requires services or materials other

than the common ones described In para-

graphs (b)(1) through (b)(9) of this section.

the direct cost of such services or materials

to the government may be charged, but only

If the requester has been notified of such

cost before it Is Incurred,

(C) Notice of anticipated fees in

excess of $25. Where it is anticipated

that the fees chargeable under this

section will amount to more than $25,

and the requester has not indicated in

advance his willingness to pay fees as

high as are anticipated, the requester

shall be notified of the amount of the

anticipated fee or such portion thereof

as can readily be estimated. In such

cases, a request will not be deemed to

have been received until the requester

is notified of the anticipated cost and

agrees to bear it. Such a notification

shall be transmitted as soon as possi-

ble, but in any event within five work-

ing days, giving the best estimate then

available. The notification shall offer

the requester the opportunity to

confer with Department personnel

with the object of reformulating the

request so as to meet his needs at

lower cost. (d) Form of payment. Payment

should be made by check or money

order payable to the Treasury of the

United States, (e) Advance deposit. (1) Where the

anticipated fee chargeable under this

section exceeds $25, an advance depos-

it of 25% of the anticipated fee or $25,

whichever Ls greater, may be required.

(2) Where a requester has previously

failed to pay a fee under this section,

an advance deposit of the full amount

of the anticipated fee may be required.

(f) Other services. Nothing in this

section shall be construed to entitle

any person, as of right, to any services

or materials to which such person is

not entitled under 5 U.S.C. 552.

(Order No. 502-73, 38 FR 4391. Feb, 14.

1973. as amended by Order No. 502-73, 38

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Chapter I—Department of Justice

FR 9666, Apr. 19. 1973: Order No. 599-75. 40 FR 7265, Feb. 19. 19753

916. to Exemptions. (a) 5 U.S.C. 552 exempts from all of

its publication and disclosure require-ments nine categories of records which are described in subsection (b) of that section. These categories include such matters as national defense and for-eign policy information: investigatory files; internal procedures and commu-nications: materials exempted from disclosure by other statutes; informa-tion given in confidence: and matters involving personal privacy. The scope of the exemptions is discussed general-ly in the Attorney General's memo-randum referred to in § 16.1,

(b) (1) In processing requests for In-formation classified pursuant to Ex-ecutive Order 11652. the responsible division shall review the information to determine whether it continues to warrant classification under the crite-ria of sections 1 and 5 (B), (C). (D). and (E) of the Executive Order. Infor-mation which no longer warrants clas-sification under these criteria shall be declassified and shall not be withheld on the basis of 5 U.S.C. 552(b)(1). No record remaining classified after such review shall be withheld by a division on the basis of any exemption other than 5 U.S.C. 552(6)(1) unless in addi-tion to such other exemption it is also asserted that the record is exempt under 5 U.S.C. 552(b)(1).

(2) The Office of Legal Policy shall, upon receipt of any appeal from an initial denial based in whole or in part upon 5 U.S.C. 552(b)(1), refer to the Departmental Review Committee, es-tablished in Part 17 of this chapter. any portion of the request as to which that exemption was asserted at the initial level. Within ten days (exclud-ing Saturdays, Sundays and legal public holidays) of receipt of such re-ferral (unless such period is extended by the Assistant Attorney General, Office of Legal Policy), the Committee shall advise the Appeals Unit whether all or any portion of the material re-ferred warrants continued classifica-tion under the criteria of Executive Order 11652.

(3) When a request for Department records encompasses information cies-

§ 16.21

sified by another agency, or by a divi-sion of the Department other than the responsible division, the responsible division shall refer that portion of the request to the originating agency or division for determination as to all issues in accordance with the Freedom of Information Act. In the case of a re-ferral to another agency under this paragraph, the requester shall be noti-fied that such portion of his request has been so referred and that he may expect a determination from that agency. In the case of a referral to an-other division under this paragraph, the requester need not be notified, the original date of receipt of the request as established under this section shall continue to govern for purposes of all time limits, and the originating divi-sion shall advise the division receiving the request of its determination. [Order No. 502-73, 38 FR 4391. Feb. 14. 1973, as amended by Order No. 596-75. 40 FR 7264 Feb. 19, 1975: Order No. 960-81. 48 FR 52356, Oct. 27, 19811

APPENDIX TO SUBPART A—DELEGATION or A 0174011ITY

1. By virtue of the authority vested in me by Section 16.5(b) of Title 28 of the Code of Federal Regulations. the authority to deny requests under the Freedom of Information Act is delegated to the occupant of the posi-tion of Chief, Freedom of Information-Pri-vacy Acts Section, Records Management Di-vision. Federal Bureau of Investigation. This same authority is delegated to the oc-cupant of the position of Special Agent In Charge of each of the field offices of the Federal Bureau on Investigation for records In their custody and control.

2. This directive is effective June 9, 1981. [48 FR 32021, June 19, 19813

Subpart 1—Production or Disclosure in Federal and State Proceedings

SOURCE: Order No. 919-80. 45 FR 83210. Dec. 18. 1980, unless otherwise noted.

16.21 Purpose and scope. (a) This subpart sets forth proce-

dures to be followed with respect to the production or disclosure of any material contained in the files of the Department, any information relating to material contained in the files of the Department, or any information acquired by any person while such

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